Chapter 14: The Criminal Justice ProcessThe Trial

Due Process• Provided by the 6th

Amendment• Gives the accused the right:

▫To a jury trial in public▫To confront and cross-

examine witnesses▫To be informed of their

rights and the charges against them

▫A trial without undue delay• Does not give a defendant a

free attorney when they can afford one.

Right to a Speedy Trial

•Prevents defendants from being held indefinitely in jail without trial

Right to an Attorney•Not guaranteed in a criminal case in

which jail time is not a possibility•Is implemented when a defendant is too

poor to afford their own attorney

Self-Incrimination

• Right not to be forced to testify against oneself in a criminal trial. (Plead the 5th)

• Prosecuting attorneys cannot mention that a defendant did not testify and use that against them

Plea Bargains

•Most cases are resolved this way

Jury Panel

•A group of people drawn from voter registration, tax lists, or DMV records from which juries are drawn

Peremptory Challenges

•A device an attorney can use a limited number of times in asking the court to exclude a particular juror without giving a reason▫Cannot be used to exclude jurors based on

race

Removal for Cause

•Request by an attorney to remove any juror who does not appear able to render a fair or impartial decision.▫Ex. If a juror is related to anyone involved

in the trial

Right to Jury Trial

•Defendants have the right to waive their right to a jury trial and have their case heard by a judge only.

Subpoena

•A court order requiring a witness to appear in court to testify.

Immunity• Being granted

immunity means that a witness cannot be prosecuted based on any information provided in a testimony.▫Must answer all

questions▫Cannot be prosecuted

even if you admit to unsolved crimes

Disruptive Defendants

•The judge has the power to hold a defendant in contempt of court when he/she becomes disorderly in the courtroom.

•They can be also bound and gagged or removed from the courtroom.

Jury Nullification

•The power of a jury to disregard the law and decide the case in the interest of justice.

Writ of Habeas Corpus

•An order from a higher court to a lower court or court official ▫Literally means “to produce the body”▫Claims that a defendant is being held

legally and requests release

If convicted, defendants have the option to…•Make a motion that the judge overturn

the conviction•Appeal the conviction•Ask the judge to declare a mistrial

Appellant

•Requests a higher court to reverse the trial court’s decision

An appeal involves…

•Submission of legal briefs•Oral Arguments•Review of trial transcripts